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Recently, in Wild v. Carriage Funeral Holdings, Inc., Docket No. A-3072-17T3, 2019 WL 1371206 (App. Div. Mar. 27, 2019), the New Jersey Appellate Division reversed the trial court’s dismissal of a discrimination complaint based on the employee’s legal use of medical cannabis under New Jersey’s Compassionate Use of Medical Marijuana Act (“CUMMA”).  In so…

After months of uncertainty and delay, the Governor and state legislative leaders have reached an agreement on a package of bills to legalize the adult use and sale of cannabis, expand the medical marijuana program and reform the expungement process for prior cannabis convictions in the State of New Jersey.

On Monday, March 18, 2019,…

On March 5, 2019, Scott Gottleib, the Commissioner of the Food and Drug Administrations (FDA) announced his resignation as of the end of March, 2019. This follows his recent statements as to the effect of the changes in law with respect to hemp under the 2018 Farm Bill (the “Farm Bill”). Under the Farm Bill…

Earlier this week, the New York City Department of Health and Mental Hygiene (the “Department”) issued a statement banning the addition of CBD, otherwise known as cannabidiol, to food and beverage items offered for sale across New York City. As CBD-infused products continue to gain widespread popularity, the Department’s enforcement efforts have left restaurant and…

As New Jersey remains in a holding pattern, the Empire State has made a revitalized push in the race toward legalization.  In his annual budget address last week, Governor Andrew Cuomo formally unveiled New York State’s plans for a “first-in-nation” comprehensive cannabis regulatory framework. Much like his colleague Governor Phil Murphy, Governor Cuomo is now…

The legalization of medical cannabis under New Jersey’s Compassionate Use of Medical Marijuana Act (“CUMMA”), and Governor Phil Murphy’s recent expansion of the program, has created many questions for employers in adapting to the changing legal landscape.  With the impending legalization of the adult use of cannabis on the horizon, employers now more than ever…

After waiting months for word on cannabis legalization talks in New Jersey, budgetary committees from both the state Senate and Assembly approved the New Jersey Marijuana Legalization Act (“Act”), thus, paving the way for the New Jersey Legislature to fully vote on the Act. This marks a historic time in New Jersey for those…

We have received an unusually high number of inquiries from clients and commentators concerning the patent infringement action filed by United Cannabis Corporation (UCANN) against Pure Hemp Collective Inc. late last month.  (See United Cannabis Corp. v. Pure Hemp Collective Inc., Case No. 1:18-cv-01922-NYW (D.Colo).)  For those not paying attention, the case…

In a recent decision, United States v. Gilmore, the U.S. Court of Appeals for the Ninth Circuit reinforced the importance of complying with drug laws for doing business in the Cannabis industry. In Gilmore, hunters provided a tip to local authorities on a cannabis grow site in El Dorado County, California. Upon executing…

A Sixth Circuit appeal from a Michigan court ruling may prove troublesome for property owners in the cannabis industry.  If the Sixth Circuit affirms the lower court’s decision, it would set a precedent whereby a landlord may be denied insurance coverage for damage done to his or her property by a third-party tenant who, without…